O'Brien v. Murphy
Massachusetts Supreme Judicial Court
Contract, against the obligor and sureties of a bond given by the obligor as treasurer of the Ancient Order of Hibernians, Division No. 3, a voluntary benevolent association. The facts appear in the opinion.
1Opinion of the CourtHammond, J.
In the Superior Court the ruling was that the bond was not a continuing bond, and the demurrer was sustained on that ground; . and the only question argued before us is whether this ruling was correct. In view of the conclusion to which we have come, we have not found it necessary to consider the other grounds of the demurrer.
The general rule is that where there is a recital in the bond specifying^ the time during which the prescribed duty is to be performed by the principal, and the words of the condition are general and indefinite as to the time for which the surety is to be liable, such…
2Cases cited3 opinions
- Toombs v. StoneCourt of Appeals of Kentucky · 1859
- Bigelow v. BridgeMassachusetts Supreme Judicial Court · 1811
- Trustees of the Richardson School Fund in Attleborough v. DeanMassachusetts Supreme Judicial Court · 1881
3Cited by12 opinions
- State Ex Rel. Broadwater County v. RosmanMontana Supreme Court · 1929
- Agricultural National Bank v. BrennanMassachusetts Supreme Judicial Court · 1936
- Ida County Savings Bank v. SeidenstickerSupreme Court of Iowa · 1905
- Logan v. Mayor & Aldermen of LawrenceMassachusetts Supreme Judicial Court · 1909
- Blades v. Dewey.Supreme Court of North Carolina · 1904
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